If The Law Don't Fit You Must Acquit

Folks who have made an effort to understand the case and the law will find nothing new here. But Lizette Alvarez of the Times makes a bit of a stab at similar attempt to manage expectations:

For supporters of the Martin family, Mr. Martin’s death was part of a
more complex tale of profiling and injustice.

Just so - what kind of a world are we living in that teenage boys can't assault annoying people they identify as "creep-ass crackers"?

But this perception has
run up against the protocols of a criminal trial and Florida’s expansive
self-defense laws. These laws, critics say, give too much leeway to
people who say they acted violently because they felt threatened.

...

In the past two weeks, defense lawyers have chipped away at the
prosecution’s case, legal analysts said, raising the possibility of an
acquittal. The law in Florida allows for the use of force if someone
fears great bodily harm, and prosecutors must prove beyond a reasonable
doubt that Mr. Zimmerman did not act in self-defense.

However, the Times is keeping hope alive!

The twists and turns of the case — its weaknesses and legal
complications — were not a factor for many supporters of the Martin
family, until recently.

“We thought this was an open-and-shut case,” said Mr. Jackson, the pastor in Richmond Heights.

When facts and the law are set aside in favor of The Narrative, sure, many things are open and shut. But I don't know what to make of this cryptic comment:

Mr. Oliver, the Sanford pastor, said he remained optimistic. “You can
feel a little sense that anger is re-emerging,” he said.

He is optimistic because the anger is re-emerging? Dare we ask how he expects to see that anger demonstrated?

The possibility of an acquittal has prompted community leaders,
ministers and law enforcement officials in Miami and Sanford to prepare.
This week in Miami, they will hold a meeting in Miami Gardens, where
Mr. Martin lived, to talk about the complexity of the legal case and
what has happened in the courtroom so far. They are also reaching out to
young people in schools and parks and through Web sites, urging them to
remain calm.

“It is important that we still maintain peace, even though decisions are
not made to our liking,” Mr. Jackson said. “That is our message, and
that is what we are preaching.”

Even the suggestion that trouble may follow an acquittal is fraught with
racial overtones, particularly since much of the preparation is focused
on the black community.

But in cities like Miami, which have experienced racial unrest, the
ministers and activists said it was a reasonable concern. It is better
to be prepared, they say, than caught off guard.

“Everybody wants to know the pulse of the community,” Mr. Jackson said.
“It’s not an insult to ask whether we feel there will be unrest.”

I assume there are members of the political class who will benefit from a bit of creative racial tension.

I think the 13-14% of African-Americans should worry that the rest of us will get self-righteously angry and protest or riot if Zimmerman is found guilty of something in this kangaroo court, rather than the other way around.

But this perception has run up against the protocols of a criminal trial and Florida’s expansive self-defense laws. These laws, critics say, give too much leeway to people who say they acted violently because they felt threatened.

Thing is, the "controversial" laws don't come into play in this case. Outside of the Blue Hells, this is a clear case of self defense.

St. Skittle's sucker-punch took away the issue of "stand your ground" by removing Zimmerman's ability to retreat. The lack of any sign that Zimmerman struck St. Skittles eliminates the possibility that Zimmerman escalated the confrontation.

Even the suggestion that trouble may follow an acquittal is fraught with racial overtones, particularly since much of the preparation is focused on the black community.

Maybe because that's where the screechers calling for violence are?

I'm sure you can find a Klansman out there, somewhere, who turned a mixed-race Catholic with a Jewish-sounding name into an honorary Aryan and is calling for vengeance should the state get its way, but the threats and calls for violence have primarily come from people who, shall we say, look like Obama's son (if he had one).

I don't think there will be much sympathy for the rioters outside the NAACP, The Justice Brothers fund raising outfits, the MSNBC and--maybe Mother Jones/ Should anything happen,, I think the Governor, Angela Corey and the prosecution team ought to be parachuted in to the scenes of destruction along with the ABC newsies who doctored the tapes and photos.

Is it too much to expect Ms. Alvarez to possess a minimal understanding of self-defense law? The aspect of Florida self-defense law in play in the Zimmerman case is an aspect typical of self-defense laws, namely, that an individual is justified in using deadly force when that individual is in reasonable fear of death or great bodily harm. Zimmerman had no ground on which to stand or retreat, because he was on the ground being pummeled.

The stand your ground aspect is relevant, if at all, to Martin's hitting Zimmerman. The relevant statutory language is as follows:

"A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.

Thus, if Martin were not engaged in an unlawful activity and reasonably believed he needed to use force against Zimmerman to prevent death or great bodily harm to himself, Martin would have been privileged to use force against Zimmerman. I think that if Martin was so privileged, a good case could be made for manslaughter, because Zimmerman in effect "signed up for the cruise" by putting Martin in reasonable fear of death or great bodily harm. That's not my view of the evidence, but that's the only plausible way in which "stand your ground" could be brought into this case.

O'Mara got in the fact that Papa skittles said it was not Trayvon's voice.

On Twitter all the Trayvon advocates say it's a lie everytime testimony they don't like comes out. (coupled with some racist remark). I've noticed that a lot with liberals. When they dispute any fact whatsoever they say the person is lying with no evidence whatsoever.

I guess to the left to not agree with them can be based on nothing but a lie.

When a race baiting cadre exists this is what they do when presented the opportunity. I think e can be sure that Farrakhan will denounce some more white devils and Obama's pastor will cry "honky murderer" from the pulpit.

I know the statute has been linked before, but I think it may be worth linking again to serve as a reality check against those media types in this case who are ignorant of relatively straightforward statutory language.

'I think the 13-14% of African-Americans should worry that the rest of us will get self-righteously angry and protest or riot if Zimmerman is found guilty"

You gonna throw your aruglua at the wall?

We're crapping ourselves?

Zimmerman may go free. I think it's time for the Progressive liberals to start making a list of things they want in return.
Gun restrictions.....don't even try to stop deeper background checks from going ahead and becoming law-Zimmerman walks that's the first thing on our list.

A 21st century voting rights act and a halt to Southern vote rigging, with the full support of the House.

As to the substance of Florida's stand your ground law, it is a commonsense approach to self defense. If an individual is in reasonable fear of death or great bodily harm, that individual shouldn't be second guessed for using force as opposed to retreating. If someone is coming at you, you can't stop the action and consult psychologists to determine whether the perpetrator is going to come after you, or motion and physiology experts to advise on whether you can escape successfully. Or ask for counseling for you and the perpetrator from some "getting to yes" negotiating pseudo-expert.

A man hunts and kills and African-American child and walks free....you aint walking away from that without footing the bill and believe me,you,Conservative Republicans that is,are going to pay a hefty price for this greasy vigalante spic's need to feel like a man.

Everyone thinking that Zimmerman is going to walk hasn't taken into account that the prosecution will remind the jury how a white hispanic said "FUCKING PUNKS" and "ASSHOLE" in reference to a black person.

"That cinches it..Dudu is some 15 y.o white kid. posting from mommy's basement in Winnetka or Long Island"

Close-i'm a midle aged Irish man with a penchant for whiskey and smart women(like youself and Jane). Sadly,my low IQ and addiction to fighting in bars has left me with no resources and no choice to admire you intelligent women through an infinite number of elctrical pulses moving through a mainframe.

I have been following trial at LI. The "liars" testifying that Trayvons dad said not his son screaming were the two police officers at meeting with him. Manager of gym where Zimmerman worked out testifying that he was a beginner and not athletic. Not very good at mm. On a scale of 1 to 10, a.5.
Demonstrated ground and pound using o'mara as victim. Zimmerman at big disadvantage on bottom.

In the event of Zimmerman's release Democrats can utilze the anger that will eminate from the African-American community to get alot of other legislative treats.

They can resurect the old cannard that recism is alive and well in America and that negroes are being relentlessly persecuted blah blah try to chip away at some house seats in 2014. We can tie this to voter supression laws and affirmative action being murdered to generate really significant wins.

I can think of no better evidence of 'The Narrative' than this NYT 'reporter' and the people she quotes. Without doing any research, my guess is that GZ's defense has been recognized as a defense to a physical attack by Anglo-American common law for about 500 years, and US statutory laws for almost 200 years. Yet this Alvarez person claims she discovered it for the first time during the past 2 weeks as a 'complexity' at the GZ trial. 500 years of legal precedent, the facts of the case, the physical evidence, the wtness testimony, the State's nonsensical 'profiling' aggravating circumstance claim-- none of those mean anything to Lefties like Alvarez and the good Reverend, because they contradict the 'Narrative' of the Lefty true believers. I'm appalled at their ignorance, but they are not the worst actors here: that's reserved for the cynical race hustlers who play on the Narrative to make big bucks-- the Crumps, the Farrakhans, the "Freddy Fashion Mart' Sharptons, and of course the Hustler in Chief, Obummer. They are disgusting.

DOT, I agree that what appears from the evidence in this case is not enough to constitute an attack. I think, however, that whatever puts someone in reasonable fear of death would also be viewed as an attack (for example, closing space and brandishing a weapon). The State may be hoping that the jurors think Zimmerman must have done "something" to provoke Martin, even though the evidence doesn't support it.

This weekend I spoke to a friend who is a retired police officer who still does security work. I asked him whether he was following the case and whether he thought there was any basis to overturn the judgment of the Sanford police. His view is that there was no basis.

The only thing that could convict Zimmerman is an emotionally biased jury willing to suspend disbelief on the evidence. Don't discount the possibility. It's why the media lynch mob keeps pointing out the jury is "all women, most of them mothers."

TC-- the State's claim is that GZ 'profiling' TM was wreckless and unjustified, therefore he has no right to SD as the initial 'agressor'. PURE BS. BUT, if the Judge instructs the jury that if they believe BRD that GZ 'profiled' TM in his approach, then they may find GZ was the 'aggressor' and reject his self-defense claim. The 'profiling' claim is unbelieveably sinister-- it is Orwelian thought policing.

Gym manager very effective witness for defense. Showed Zimmerman as soft, non muscled, non athletic guy not good at defending himself and not possessing skills to mount effective attack. Prosecution could not shake him. Also saw Zimmerman a fees days after incident and he was still bandaged and shaken and still in shock. Never returned to gym for more instruction.

Sinister yes, stupid? TBD. If Corey gets the Florida State S.Ct. to sign off on 'profiling' being a way to invaliate SD or add it as an aggravating circumstance for the charge level or punishment, it would be a tremendously powerful tool to control the peaceful law abiding ARMED citizenry, because it criminalizes their thoughts, by making them the aggressor, even though their actions were not physically aggressive. I've said for over one year that IMO GZ was 'an idiot' for not staying with his truck and waiting for the 911 cops to arrive-- IMO he was an idiot but NOT guilty of any crime. If the 'profiling' theory is applied by the jury to convict GZ of something by invalidating his SD claim, and that holds up through the Fla S Ct-- CC becomes virtually worthless in Fla.

"I wonder if Obama wishes he had not said his son would look like Trayvon"

Given the identifying parameters of "fucking punk" and "asshole" plus being dumped by the birth mother, I believe "clone" to be a far more accurate description. Choomster Jr. was close but clone is closer. The only difference is Choomster Sr. would have organized a gang of thugs to attack Zimmerman and then stood by and watched from a safe distance.

I suggest WeeWeeDouchebagDavey, find out the hard way. Go out and riot Douche bag. I'd suggest you wear body armor, because the pushback is coming. We'd miss you douchbag Davey, but you are stupid enough to get your head blown off.

Oh! I FINALLY managed to put a new set of sighton my 10/22 takedown. Been fighting the front sighton it for months. Did yet another Google search for how to do it, found one saying to back out the locking screw on the front sight.

Sure enough -- no locking screw on the sight. No idea what they were referring to. However, it ticked me off enough that the next hammer blow did the trick!

Now to find my range pass and adjust the new ones. Then I'll have a rifle all ready for an Appleseed!

Read DouchebadDaves 3:09. Fanning the flames of racism and division. Add a pinch of Obama saying Trayvon looks like his son, a dash of Sharpton, Crump and Jackson. We don't need to look to far to see where all of this leads. Add to that Zimmerman has been charged by political and racial sentiment.
My point was obvious, at some point fanning these flames, leads to violence. The violence is always ONE SIDED. It is the LEFT that kills murders injures, and burns cities. At some point, their will be pushback. And I suggest the WeeWeeDoucheBag stick around and enjoy the fire he is fanning.
NK, no problem, you were grandstanding. I get it.
Lloyd. Pfffffffffft.

Speaking of Gunz-- I don't know if my IPad comment from Ireland made it on last week. Handled my first firearm* last week. And I owe Mr. Maguire an apology, for suburbanites like myself, a girls field hockey stick is far better self-defense than a Browning or Barretta shotgun. I went 0 - 20 blasting at clay skeet targets (0 -10 with each model.). 0 - 20. Zero Percent. Now where's that hockey stick?

* I don't count the USN .50 Cal that was locked down and on a stanchion affixed to a frigate.

Home intruders are rarely taken on the wing so lack of ability with sporting clays is less problematic than you think. Now, if you can't hit a door size target from 10 feet with a shotgun, then a hockey stick might be the answer. If the intruder is armed, at least you'll go down swinging.

Wow-- I freely admit my firearms incompetence (my 21yo son went 26-40; 15 yo girls hit SOMETHING), and you guys are supportive, you're the best. BTW-- the instructor was great 60something Irish guy, talked quietly in the shooter's ear after missed shots, he said things like 'you may want to aim before pulling the trigger.'

Ok, I know this is hideously off-topic, but it gave me cheer, and probably all of you too from the more bellicose to the more pacific, but a nice chunk, roughly a fifth, of current Tory members are close to joining UKIP --isn't that a good thing?

I don't know if I would have called Tracy Martin, but I don't think any harm was done. It has been made abundantly clear, that Tracy Martin changed his story. So a little may have been accomplished. On the other hand, you never know how dumb a jury is.

NK:
Don't worry, I am sure I would not be able to see the target, much less hit it. Practice will make perfect in this case.
Janet: I share your frustration wrt the slow progress in tackling all the illegel actions of Obama. I am taking the lomg view. As long as these scandals erupt again in 2014 and 2016 I will be happy. Culture of corruption doesn't even scratch the surface.
I can't link but the Vanity Fair article about Benghazi is chilling. You feel like you are right there and rooting for Stevens and Smith to make it to safety. It is graphic and absolutely heartbreaking at the same time.
I have to believe that Preezy's war on coal is going to come back to bite him in West Virginia, Kentucky and Tennessee as well as Pennsylvania.

Actually I thought did a good job with dad. So did LI if that matters. Former police chief was last witness got day to establish interviewing entire Martin family about scream ID as a group by city manager and not law enforcement not best practice.

Maryrose, Obama and his administration are lawless. Clearly in a Carole Browner sort of way, they have insulated Don Obama from any culpability. He knows nothing, he is part of nothing, he hears nothing. I mean imagine trying to tell the American people that his CHIEF OF STAFF and his WHITE HOUSE COUNSEL both knew about the IRS SCANDAL, yet they didn't TELL OBAMA. IT'S ABSURD. Obama has shown since Feb 17 2009 with the PORK-U-LUS bill, that he will do ANYTHING IN HIS POWER to subvert Congress, the law and the Constitution. AND NOBODY CALLS HIM ON IT.

Happy Birthday Maybee!
I feel like the liberal pendulunm has swung as far leftward as it can and is on its way back to the center and then to the right. Soon enough the Blue Hells will realize their folly and look for help from the progs who will of course be emptyhanded.
Romney is a man of primciple-Obama has only narcissism to guide his life choices. Dems may have won the 2012 battle but they will not win the war. Their policies don't work and all the foreign countries are laughing at Bammy's and Kerry's incompetence. The truth will come out and when it does our views and beliefs will be welcomed by an electorate, tired of being used and lied to for the past 8 years.

I can't link but the Vanity Fair article about Benghazi is chilling. You feel like you are right there and rooting for Stevens and Smith to make it to safety. It is graphic and absolutely heartbreaking at the same time.

Vanity Fair is bailing on Gaylord Focker? Wow, the bloom is off the skunk cabbage.

Well Gus-- not a fair question because we spent 3 days at the Dromoland resort, that's like Disneyland for grown ups. I like Killarney because of the Natl Park and tourist town, it reminds me of Bar Harbor -Acadia which I love. Dublin's just another big city to me. So for holiday I'd say Killarney, and for meeting Irish folks, I'd say towns like Galway and Ennis.

Calling back the father looks too cute IMO. He was previously impeached by his own contradiction, and the jurors know he's as biased as can be. The father is a sympathetic figure (especially to a 6 women jury) so using him to make a point looks like piling on. make that point another way if at all possible.

I agree about Mr. Trademark. I believe MOM sett up Crump in deposition with the intent to use Crump to impeach the Trademark Family Spielers. He will use Lee's testimony regarding the city manager's interference to establish the political aspect of the persecution and tie the city manager, Corey, race baiter Crump and the Trademark Spielers all together using hangman knots.

I don't consider this jury to be 100% LIV at all. Four out of the six have CV's indicating a level of awareness high enough to be able to sort MOM's ploy without him having to resort to sidewalk chalk and stick figures.

I have a friend who works in a huge government agency and told me every single contract has to go thru a minority firm to be awarded. So if the gvt wants to buy 6 new buildings, a firm that has a black man and a veteran adds 20% to the cost, gets the contract and then sends the contract out to ABC construction who couldn't bid because it is not a minority firm.

I told Amy we needed to start a business because we have 2 women, one of which is a lesbian.

Friends of the connected are making billions - and the Patrick case is the same old dog.

NK, that is exactly what I would say. Killarney is FANTASTIC. You leave town, and drive directly into the National Park, you see rams jumping rock to rock, eagles and wildlife, and all of that after going out to the Danny Mann, the night before. My cousin owns a bar in the hotel next door to Danny Mann in Killarney. And Killarney is the gate way to SOUTH IRELAND. Kinsale, Baltimore, Skibereen, Cohb.